Resolution-PC 97-59~ ~
R~SOLUTiON NO. PC97-59
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS510N
THAT PETITlON FOR CONDITIONA~ USE PCRMIT NO. 3930 BE GRANTED
WHEREAS, the Anaheim Cfty Planr~ing Commission did receive a veriHed Petftion for
Condftional Use Permit for certain reai properry sftuated in the City of Anaheim, County of Orange, State
of Catffornia, described as:
THE WEST 662.00 FEET OF THE SOUTH HALF OF THE
SOUTHWEST ~UARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIP 4 SO~JTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS THE YJEST
HAl~ OF THE NORTHWEST QUARTER OF SAID SECTION 9 IS
SHOWN ON R MAP FILED IN BOOK 28, PAGE 32 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY OF RECORDER
OF SAID COUNTY.
WHEREAS, the C'rty Planning Commission did hold a pubiic hearing at the Civic Center
in the Giry of Anaheirn on May 12, 1997 at 1:30 p.m., notice of said public hearing having been duly gt~~en
as required by law and in accordance wfth the provisions of the AnahQim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditi~nal use aermit and to investigate and
make findings and recommendations in conne~tion therewith; and
WHEREAS, said Comrnission, after due inspection, investigation and study made by itseif
and in its behalf, and after due consideration of all evidence and reports offered at sald hearing, does flnd
and determine the fullowing facts:
1. That the proposed use is properly one for whlch a conditional usa permft is authorized by
Anahefm Municipal Code Section 18.44.050 ?00 to permit a 2,713 sq.ft. drive-through restaurant wfth a 660
sq.ft. outdoor dtning area with waNer of the following:
Sp~r(ons 18.06.070.020 - Minimum drive throuah lane reauirements.
and 18.44.066 1 fe t required between the ordenng device and the service window;
7p feet proposed)
2. That there ase special circumstances applicable to the propercy consist(ng of fts location
and surroundings, which do not apply to other identically zoned properties in the vicinity because the
existing parking lot configuration and structures restr(ct development of this remai~~ing portion of the
property and if this restaurant were constructed on a singie parcel in the CL Zone it probably would not
be subject to drNe-through lane constrafnts created by fts surround(ngs;
3. That strlct apptlcation of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning class'rfication in ths viciniry because appiication of the Code-
required minimum dis~ance between the orde~(ng device and the service wlndow would deprive th(s
restaurant of a drNe-through lane; and that the C'rty Traffic and Transportation Manager indicates that by
providing an increased tuming radius and two service windows, the intent of the distar~ce requirement is
fulfi~~ed, with the first window befng located 70 feet from •,he ordering device and the second wirxlow being
located 94 feet from the ordering device;
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q, That the proposed use will not adversely a~fect the adjoinir,g land uses and the growth arxl
developmerd of the area in which it is proposed to be located because subJect property is already
developed with a commerciat shopping center and the proposed fast food restaurant was anticipated a?
this lacation when the center was developed;
5. That the size and shape of the sfte for the proposed use is adequate to allow the full
development of the proposed use in a manner not deMmental to the particular area nor to the peace,
health, safery, and general welfare;
g, That the traffic generated by the proposed e traffic inttheparea because dedicationsnand
streets and highways designed and improvQd to carry
publlc ImRrovements implemented in conjunction with the development of the Anaheim Plaza, including
this commercial center, ensure that traffic generated by fts development would nat impose such an undue
burden;
7. That the granting of the conciftional use permit, under the condftions imposed, wlll not be
detrimental to the peace, heaith, satery and general welfare of the citizens of the City of Anaheim; and
g, That no one indicated their presence at said public hea~ing in opposRion; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTA~ OUALI7Y ACT FINDING: That tha Anaheim Cfty Planning
Commission has reviewed the proposal to permft a 2,713 sq.ft. drive-through restaurant with a 660 sq. ft.
oucdoor dining area and waiver of minimum drNe-through lane requirements on an 8.82-acre rectangularty-
shapdd proPei'cY ~ocated at the northeast comer of Crescent Avenue and Euclid Street, and having
frontages oi 620 ieet on the north side of Crescent Avenue and 640 feet on the east side of Euclid Street
(680 NoKh Euclid Street); and daes hereby apprcve ?he Negative Declaration upon finding that t{~e
declaration reflects the independent judgement of the lead agency and that it has considered the NegatNe
Declaration together with any comments receNed during the public review process and further finding on
the basis of the inftial study and any comments received that there is no substantial evidence that the
pro;QCt wil! have a significan: effect on the environment.
NOW, THEREFORE, BE IT'RESOLVED that the Anaheim Ciry Planning Commission does
hereby grant subject Petftion for Conditianal Use Permit, upon the f J lowipng~cO~in~OO ~eNr t~oh eservee the
found to be a necessary prerequ(site ta t.he proposed use of the sub ect ro rty P
safety and ge~eral welfare of the Cftizens of the City of Anaheim:
1, That the order speaker shall be equipped with an operable volume controf.
2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the latest revisions of Englneering Standard Plan S~~I thereupon be
pertaining to park!ng standards and driveway locations. Sublect properry
developed and maintained in conformance with said pians.
3. That the drNe-through lano shail be reviewed and approved by the Ciry Traffic and Transportation
Manager. The drive-through land shall be configured with a sixteen (16) foot inner tuming radius and
a~8;;*,~ ~,„~,. ~°~) foot oucer tuming radiu~.
4 ththe Publir. WorksrDe1partment Streets and Sanitation Division~ for~eview and apprlavais~bmitted
5, That an on-site trash truck tum-around area shall be provided and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation DNision. Said tum-around area shall be
specificaUy shown on plans submitted for buflding permits•
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6. That the petitias•~ar si~;r:e~ be responsible for complfance wfth all mitigation measures wfthin the
assigned time ftam~s and any direct costs associated with MRigation MQnftoring Program No. 98, as
established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code
to ensure implementation of those identified mRigation measures.
7. That all siflns and landscaping shall comply with the requ(rements of Conditional Use Permit No. 3566
(permitting the phased constructton of a regional shopping center wRh indoor eMertatnment facilities,
an automotive repair and parts instaliation faciiity in conjunction wfth a maJor retail tenant, seml-
endosed restaurants and an auditorium/aommunity ~meeting room, and with waivers, including
maximum sign 4rea, maximum number of freestandfng signs, maximum area of freestanding signs,
minimum dlstance between fteestand(ng and/or roor signs, maximum height of freastanding signs,
maximum number of roof sic~ns, maximum area of roof signs, maximum height of roof signs, and
maximum height of illuminated roof signs).
8. That three (3) foot high street address numbers shall be painted on the roof in a contrasting color
to the rooflng materials. Said address numbers shall not be visible from ground level.
9. 1'hat all roof-mounted equipmant shall be scresned from view of the publi~ rights-of-way and
surrounding properties in compliance wRh Section 18.44.030.120 of the Anaheim Municipal Code.
10. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
11. That sub;ect property shall be developed substantiaily in accordance wfth plans and specffications
subr•nitted to the Cfty of Anaheim by the petitiongr and which plans are on flle wfth the Planning
DepaRment marked Exhibit Nos. ? through 3, and as conditioned herein.
12. That prior to issuance of a build(ng permft or wfthin a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, 4 and 5, above-mentiQned, shall be compifed
with. Extensions for further time to compiete said conditfons may be granYed in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
13. That prior to flnal buildfng and zoning inspections Condition Nos. 1, 7, S, 9, 11 and 15,
herein-mentioned, shall be compl(ed with.
14. That approval of this ap~lication constitutes approval of the proposed request only to the extent that
it complies with tha Anahe(m Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval dces not include any action or flndings as to compliance or approvai of the
request regarding any other applicable ord(nance, regulation or requirement.
15. That a three (3) foot hfgh landscaped earthen berm shall be planted next to the drive-through lane
adjacent to the west property Iine, abutting Euclid Street.
BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby flnd
and determine that adnpt(on of this Resdution is expressly pred(cated upon applicanYs compiiancR with
each and all of the condftions hereinabove set forth. Should any such condition, or any part thereof, be
declared Invalfd or unenforceable by the final Judgment of any court of competent jurisdiction, then this
Resolution, arxi any approvals herein contained, shall be deemed null and vo(d.
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THE FOREGOING RESOLUTION was adopted the Plann g Commission meeting of
May 12, 1997.
CHAIRPERSON ANAHEIM CI PLANNING COAAMISSIQN
ATTEST:
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3ECRETARY, ANA EIM CITY PLANNING COMMISSION
STATE OF CALI RNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAHEIM )
I, Margarita Sdorio, Secretary of the AnaNeim City Planning Commission, do hereby certffy
that the foregoing resdution was passed ard adopted at a meeting of the Anaheim City Pianning
Commission held on May 12, 1997, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BR~STAL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ~AAYER
IN WITNESS WHEREOF, t have hereunto set my hand this ~U~ day of ~~~
1997.
~tJl~ ~
SECRETARY, A AHEIM CITY PLANNING COMMISSION
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